Public Meetings and Notices

NOTICE OF MEETING

OF THE BOARD OF ALDERMEN

CITY OF SMYER

Notice is hereby given that a REGULAR MEETING of the governing body of the City of Smyer will be held on the 9th day of March 2023 at 6:30 P.M., at Smyer Senior Citizens’ Building, 224 Lincoln, Smyer, Texas, at which time the following will be discussed or/take action, to-wit;

Call to Order

Pledge of Allegiance and Invocation

Welcome Visitors and Receive Public Comment (Limited to three minutes per person).

This is the opportunity for guests to address the City Council on City Services. City Council may not discuss any issue resented nor any action be taken on any issue during public comment (Tex. Att’y Gen. Op. JC-0169)

Present and consider Minutes of regular meeting in February

Consider and take necessary action on authorizing Texas Department of Agriculture Community Development Block Grant (TDA CDBG) resolutions, civil rights documents and designate signatories for application and grant

Consider and take necessary action on Resolution declaring unopposed candidates elected to office and canceling the general city officers’ election previously called for May 6, 2023.

Consider and take necessary action on building permits

Consider and take necessary action on cemetery

Engineer Report – Colden Rich

Report on Fire Department – facilities

Report on Water/Wastewater – facilities

Executive session Government Code 551.074 – Personnel: yearly review.

10.

Approve Financial Report

11.

Adjournment

Executive Session Disclosure Statement: The City Council reserves the right to adjourn into executive session at any time during the course of the meeting to discuss any item listed on the agenda as authorized by Chapter 5511 of the Texas Government Code, including but not necessarily limited to Section 551.071 9 (Consultation with Attorney), Section 551.072 (Deliberation regarding Real Property), Section 551.073 (Deliberations regarding Gifts and Donations), Section 551.074 (Personnel Matters), Section 551.076 (Deliberations regarding Security Devices) and Section 551.087(Economic Development).

This meeting is being conducted in accordance with the Disabilities Act (42 U.S.C. Of 1991). If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact Jessica Boggs, City Secretary at (806) 234-3861 no later than 24 hours before the start of the scheduled meeting so that reasonable accommodations can be made to assist your needs.

This is to certify that I, Jessica Boggs, posted this Agenda on the front door of City Hall, facing the outside, and on the City Hall bulletin board, at 10:00A.M., on March 6, 2023, and this agenda remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting.

______________________________

Jessica Boggs, City Secretary

City of Smyer

RESOLUTION NO. 2020-03-31

A RESOLUTION OF THE CITY OF SMYER, TEXAS, DECLARATION OF LOCAL DISASTER ORDER NO. 1 – STAY AT HOME

WHEREAS, a novel coronavirus (COVID-19) has been recognized globally as a contagious respiratory virus; and

WHEREAS, COVID-19 continues to spread and to pose an increasing, imminent threat of disaster throughout City of Smyer and beyond; and

WHEREAS, on March 19, 2020, the Mayor of the City of Smyer, Mary Beth Sims, declared a local state of disaster for public health emergency pursuant to Section 418.108(a) of the Texas Government Code, based upon the need for extraordinary measures to contain COVID-19 and to prevent its spread throughout the City of Smyer; and

WHEREAS, the President’s Coronavirus Guidelines for America, as promulgated by United States President Donald J. Trump and the Centers for Disease Control and Prevention (CDC) on March 16, 2020, call upon Americans to slow the spread of COVID-19 by avoiding social gatherings in groups of more than ten (10) people, using drive-thru, pick-up or delivery options at restaurants and bars, and avoiding visitation at nursing homes, among other steps; and

WHEREAS, the Executive Order by the Governor of the State of Texas relating to COVID-19 preparedness and mitigation, as promulgated by Texas Governor Greg Abbott on March 19, 2020, issued certain mandates necessary to more effectively contain the spread of COVID-19; and

WHEREAS, the Board of Aldermen of the City of Smyer, approved Resolution 2020-03-26, renewing and extending the Mayoral Declaration of Local Disaster until it is modified or rescinded by the Board of Aldermen of the City of Smyer; and

WHEREAS, the Board of Aldermen of the City of Smyer has determined that additional measures must to taken to further contain COVID-19 and prevent its spread throughout the City of Smyer; and

NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF ALDERMEN OF THE CITY OF SMYER, TEXAS, THAT:

SECTION 1.

The recitals outlined above are found to be true and correct and are incorporated as if fully set forth herein.

SECTION 2.

All terms and conditions of the Mayoral Declaration of Local Disaster, which was signed and executed by the Mayor on March 19, 2020, renewed and extended by Board of Aldermen Resolution 2020-03-26 and the additional terms and conditions found in Resolution 2020-03-26, remain in full force and effect and are continued to the extent they do not directly conflict with this Order.

SECTION 3.

Pursuant to the authority granted to the Mayor under Texas Government Code Chapter 418 and by the general authority granted to Type A general law municipalities under Texas Health and Safety Code § 122.005, the following is hereby ordered:

STAY AT HOME

All persons residing in the City of Smyer are ordered to STAY AT HOME or at their current place of residence. For purposes of this Order, “residence” includes hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence;

ii.

All public and private gatherings of any number of people occurring outside of a single household are hereby prohibited, except as otherwise provided in this Order. Nothing in this Order prohibits gatherings of members of a single household or living unit (an apartment for use by one family) or allowing ;

iii.

Travel away from a person’s regular place of residence should be only for the purpose of obtaining essential goods and services or to the person’s place of employment which furnishes essential goods or services unless otherwise provided for in this Order; and

iv.

Any person who is sick or currently experiencing common COVID-19 symptoms, including fever, cough, or shortness of breath, is hereby ordered to STAY AT HOME until such time that:

He or she has had no fever for at least 72 hours without the use of fever reducing medicine, such as Tylenol; and

His or her other symptoms have improved; and

At least 14 days have passed since the symptoms first appeared.

If any person in a household has tested positive for COVID-19, all persons in the household are hereby ordered to STAY AT HOME and self-quarantine for a period of at least 14 days. Members of the household may not travel to work, school, or anywhere else until cleared by a medical professional.

vi.

This order does not prohibit any person from leaving his or her residence to seek necessary medical or emergency care.

SPECIFIC CLOSURES

In accordance with the Guidelines from the Governor, the President and the CDC, the following commercial businesses, for which social distancing guidelines are impractical or impossible, are hereby prohibited and are ordered to cease operation and close:

Non-essential Personal Services Businesses. Businesses which engage in direct, person-to-person services to the public which are not time-sensitive and which are not required for the immediate health or safety of the recipient, including, without limitation, hair salons, barbershops, hair stylists, nail salons, tattoo parlors, piercing businesses, tanning salons, and hair removal waxing businesses;

ii.

Non-essential Retail Establishments. Retail businesses which do not primarily sell or provide the products or services described below and considered Essential Services unless the retail business meets the definition of a Low Risk Business described in this Order;

iii.

Commercial Amusement and Entertainment Venues;

iv.

Enclosed Shopping Malls. Any premises which include multiple adjacent retail establishments connected by an enclosed common area;

Group Meeting Spaces. Meeting rooms, ballrooms, or event spaces operated by multi-family apartment complexes or hotels.

ESSENTIAL SERVICES

The following businesses are hereby deemed essential and may continue to operate, provided federal and CDC guidelines are followed, including affirmative steps to ensure that social distancing of 6 feet is maintained:

Grocery Stores, Convenience Stores, Drug Stores, Pharmacies, and Package Stores;

ii.

Pet Supply Stores, Veterinary Clinics, and Boarding Kennels (but not groomers);

iii.

Healthcare Providers and Healthcare Facilities, including doctor and dental offices, physical therapists, hospitals, and clinics, provided they adhere to the Governor’s Executive Order (GA 09) regarding elective procedures;

iv.

Vehicle Fueling, Maintenance, and Repair Facilities;

Banks and Financial Institutions

vi.

Agricultural services including plant and food cultivation, farming, fishing and raising livestock;

vii.

Oil and gas services and production;

viii.

Professional Services, including attorneys, accountants, engineers, title companies, insurance agents, and other licensed professionals;

ix.

Office Buildings, where people work in individual enclosed spaces in groups of 10 or less;

Day Care Facilities;

xi.

Homeless Shelters providing services for people experiencing homelessness;

xii.

Non-profit Providers of Essential Services;

xiii.

Essential Government Services and Facilities;

xiv.

Residential Buildings, including hotels and motels (except Group Meeting and Event Spaces);

xv.

Transit Facilities, where people may be in transit or waiting for transit, such as airports, bus stops, or bus stations;

xvi.

Manufacturing, Distribution, and Logistics Facilities;

xvii.

Laundromats and Dry Cleaners;

xviii.

Call Centers; and

xix.

Critical Infrastructure Businesses which support critical infrastructure or supply chain needs, as described by the Cyber & Infrastructure Security Agency (CISA).

FUNERAL SERVICES

Funeral homes, crematoriums and cemeteries may operate but no more than ten (10) non-employees may be present at the same time.

CONSTRUCTION, BUILDING SUPPLY BUSINESSES

Residential, Commercial, and Industrial Construction Sites and Building Supply and Home Improvement Retailers may remain open, provided federal and CDC guidelines are followed, including affirmative steps to ensure that social distancing of 6 feet is maintained, including for customers waiting to enter the premises of a retail store, and only if occupancy inside the retail premises is limited to no more than 100 persons or ½ of the posted occupancy limit, inclusive of employees, whichever is less; and

LOW RISK BUSINESSES

For any retail establishment that is not listed above as “Essential” and not listed specifically for closure in subsection (b) above, may remain open provided the following conditions are met:

federal and CDC guidelines are followed, including affirmative steps to ensure that social distancing of 6 feet is maintained between all customers and employees, including for customers waiting to enter the premises of a retail store;

ii.

there are never more than ten (10) people inclusive of employees in the place of business;

iii.

the retail establishment takes extra, verifiable measures, to sanitize common surfaces such as counter tops, carts, faucets, doorknobs, etc.; and

iv.

employees and customers maintain enhanced hygiene practices.

RETAIL ESTABLISHMENTS - OTHER

Retail establishments not specifically described above as “Essential” are closed to customers; however, the use of drive through Pickup, Delivery, and Curb-side Delivery for merchandise is allowed and encouraged, provided federal and CDC guidelines are followed, including affirmative steps to ensure that social distancing of 6 feet is maintained, including for customers waiting to pick up merchandise.

ALL OTHER BUSINESSES

Any business which is permitted to remain open and which does not specifically meet one of the categories described above is hereby required to adhere to federal and CDC guidelines, including affirmative steps to ensure that social distancing of 6 feet is maintained, including for anyone waiting to enter the premises, and at no time are more than ten persons permitted to be inside the premises, inclusive of employees and customers.

PUBLIC PARKS

Playgrounds, basketball courts, tennis courts, baseball fields and any area in a public park that is either entirely or partially enclosed and designed to concentrate people participating in an activity to one specific defined or delineated area are hereby CLOSED. The remaining areas of public parks including walking trails and bike paths and other open areas are open to the public and may be used by the public so long as patrons follow federal and CDC guidelines including ensuring that social distancing of 6 feet is maintained.

PERMITTED INDIVIDUAL ACTIVITIES

As guidance and as a non-exclusive list, below are some activities that are permitted under this Order:

Getting groceries, household supplies, medicine, gas, work-from-home supplies, pet and livestock supplies (people are highly encouraged to only bring those individuals necessary to conduct the activity. Please keep all non-essential additional family members especially children (properly supervised) and elderly individuals at home);

ii.

Going to the doctor’s or healthcare provider’s office;

iii.

Participating in individual outdoor activities (hiking, biking, running, fishing, etc.) while maintaining social distance requirements; and

iv.

Acting as a caretaker for family members.

ADDITIONAL REQUIREMENTS

The Texas Department of State Health Services may require additional sanitation, signage, and social distancing practices for any business which remains open.

ii.

For any workplace that remains open, management of the business should facilitate and encourage practicing social distancing and good hygiene and, where feasible, require employees to work from home in order to achieve optimum isolation from COVID-19; and

iii.

The Mayor may update the restrictions set out in this order as necessary to respond to the evolving circumstances of this outbreak during the duration of the Mayoral Declaration of Local Disaster issued on March 19, 2020 and extended by the Board of Aldermen of the City of Smyer.

SECTION 4.

Pursuant to §418.108(c) of the Texas Government Code, this Order shall be given prompt and general publicity and shall be filed promptly with the City Secretary of the City of Smyer.

SECTION 5.

In accordance with Texas Government Code §418.173, this resolution and order is being issued in City of Smyer’s Emergency Management Plan and any person who knowingly or intentionally violates this resolution commits an offense, punishable by a fine up to $1,000.00 or confinement in jail for a term that does not exceed 180 days.

SECTION 6.

This Order shall go into effect at 11:59 p.m., Tuesday, March 31, 2020 and continue until renewed, extended, amended or cancelled by the Mayor or Board of Aldermen of the City of Smyer.

SECTION 7.

That this resolution and order authorizes the Mayor, pursuant to applicable provisions of Texas Government Code Chapter 418 and Texas Health and Safety Code § 122.006, on behalf of the City of Smyer, to take any actions necessary to promote health and suppress the virus, including the quarantine of persons and occupied structures, examining and regulating hospitals, regulating ingress and egress from the City, regulating ingress and egress to occupied structures, establishment of quarantine stations, emergency hospitals, and other hospitals, enforcing applicable orders issued by the Hockley County Judge, the Governor of the State of Texas or the Texas Department of State Health Services related to suppressing the COVID-19 virus, and insuring compliance for those who do not comply with the City’s rules and directives.

SECTION 8.

That to the extent permitted by law, any local ordinance or administrative rule prescribing the procedures for conduct of City business or any local ordinance or administrative rule that would in any way prevent, hinder, or delay necessary action in coping with this disaster, including any local ordinance or administrative rule regarding contracting or procurement which would impede the City's emergency response necessary to cope with this declared disaster, are hereby suspended, but only for the duration of this declared local disaster and only for that limited purpose.

SECTION 9.

That the Mayor is authorized to use all available resources of the City of Smyer reasonably necessary to comply with this resolution.

PASSED, APPROVED AND ADOPTED as an emergency measure this 31st day of March, 2020, to be effective immediately upon its passage. MARY BETH SIMS, Mayor ATTEST: JO ANN BEARD, TRMC, City Secretary